Superior court rejects Western University student efforts to stop booster vaccine mandate

Ontario’s Superior Court of Justice has rejected a challenge by five Western University students to stop the school’s COVID-19 booster vaccine mandate.

Justice Kelly Tranquilli stated that Western is “expressly permitted to govern its affairs,” allowing the university the right to enforce a mandate despite the province lifting vaccine mandates, referring to Ontario`s chief medical officer of health (CMHO) encouraging post-secondary institutions to decide to continue applying COVID-19 vaccination policies.

As stated in court document, “The applicants explain that their privacy is important to them. They do not wish to disclose their personal medical information to Western as a condition of continuing their post-secondary education.”

The applicants claim Western’s collection of the proof of vaccine under the policy is a violation of the Freedom of Information and Protection of Privacy Act (FIPPA).

Students Simon Hawke, Tiana Gleason, Michael Puzzo, James Donalds and Ashante Camara were seeking an injunction to block Western University from requiring students to provide proof of a COVID-19 booster vaccine in order to enroll in classes.

The court also expressed that Western has the authority to enforce the policy under its mandate.

“The Western University Act plainly establishes the university as an independent, autonomous, self-governing institution that is empowered to oversee its administrative and academic affairs,” according to court documents.

On Aug. 22, London, Ont.’s Western University announced that it is requiring students, staff and faculty to be fully vaccinated against COVID-19 and to have received at least one booster dose, and to be masked inside instructional spaces for the fall 2022 semester.

A controversial decision among students and the general public, Western stands by its decision.

“Western is pleased that the court found the collection of proof of vaccination is necessary for the effective administration of our Vaccination Policy,” a Western representative said in an email to CTV News London on Monday. “Vaccination is an important measure in protecting our community members and preserving our in-person learning experience.”

Lawyers for the five students, Lisa D. Bildy and Mark A. Joseph, filed a permanent injunction on Wednesday.

The students attempted to argue Western is an institution under Ontario’s Freedom of Information and Protection of Privacy Act and therefore doesn't have the ability to collect personal information.

Beginning on Sept. 6, Western further updated its policy to reflect Health Canada’s approval of the bivalent COVID-19 vaccine.

The policy will extend the deadline to provide proof of vaccination of the booster dose by Jan. 9, 2023.

The court ruled that Western`s policy does not breach FIPPA.